Governance and Restrictions
Summary of Restrictive Covenants Regarding Land and Lot Use
This is only a summary of the Mountain Park Restrictive Covenants regarding Land and Lot Use and does not include every restriction. The complete Restrictive Covenants for Mountain Park should be referred to for the exact restrictions of the Mountain Park properties, and can be found here
- Lots may be leased or rented for NO LESS than one (1) year. No short-term leases, subleasing, or time sharing. No more than one (1) lease per lot. Owners are responsible for the conduct/compliance of their tenants.
- No lots shall be subdivided, with the single exception outlined in the restricted covenants Article III, 4.
- Noisy, obnoxious and offensive activities are not allowed. Hunting/discharging weapons is not allowed on any Association property.
- Fires must be always attended and extinguished completely before being unattended. A burning permit must be obtained from the N.C. forest service (online) for any fire other than a fire pit.
- External lights must be approved by the ARC and shall not adversely affect adjacent Lots or the community. Shielded/downward directed lighting is preferred.
- Animals must be fully under Owner’s control when on the Owner’s property. Animals must be leashed when off the owner’s property. No aggressive animals trained for security. There are restrictions on the types of pets/livestock allowed (for example: no poultry or swine).
- Lots shall be used for one single family dwelling with a minimum of 1,800 square feet of heated space, with 1200 sq ft on the main level. Two additional building structures are allowed (guest house, detached garage, workshop, and/or studio). One 60 sq ft storage shed is also allowed. Other size/height stipulations also apply.
- Plans for all buildings, sheds, fences, retaining walls, driveways, solar panels, or decks must be submitted to the Architectural Review Committee for prior approval. Subsequent exterior property modifications must be approved.
- An impact fee of $1,500 must be paid for each initial home building construction, due at the time of building permit issuance.
- No temporary structures such as mobile homes, tents, trailers, campers shall be placed on any lot. No building other than the primary dwelling or guest house shall be used as a residence.
- Travel trailers, boats, R.V.s, and vehicles with commercial signage must be kept in enclosed garages or may be otherwise concealed from view with written Board approval. Such vehicles may be parked in the Clubhouse parking lot for 10 days with prior Board approval.
- Land clearing is only permitted for necessary building sites. No more than 25% of a lot shall be cleared without written Board approval.
- Initial building construction shall be completed within 18 months of building permit issuance, unless an extension is approved by the Board. Subsequent improvement construction shall be completed within 12 months.
- All construction must comply with applicable North Carolina and Madison Co. building, zoning, and health codes.
- Lot owners are responsible for their construction site being maintained in an orderly manner, including keeping roadways free from mud or gravel. Runoff must be controlled.
- No structure shall be placed less than 50 feet from the crest of a protected mountain ridge. Otherwise, setback lines are 30 linear feet from lot lines or roads, unless waived by the ARC.
- Satellite dishes, 24-inch diameter or less, are allowed. When directly attached to houses, they do not require ARC approval. Any other communication equipment must be approved.
- One For Sale sign (24: x 30”) is allowed on a lot being actively marketed. No other signs allowed with the exception of one political sign (24” x 24”) erected within 45 days of an election and removed by 7 days after.
- Alteration of natural waterways is not allowed unless approved by the Board. Owners are responsible for maintaining the drainage ditches and culverts on their lot and/or beneath their driveway for proper water runoff.
- Unsightly outdoor objects must be concealed from view from roadways or other properties.
Architectural Review Guidelines
The following is a summary of the main architectural guidelines. Please see the Mountain Park Restrictive Covenants for the complete guidelines.
All buildings and external improvements added to any property, including sheds, fences, retaining walls, driveways, solar panels, and decks, must be approved by the Architectural Review Committee (ARC) prior to construction. The application for approval must be filled out and sent to the ARC either by mail or email at the following addresses:
Mountain Park HOA
Attn: Architectural Review Committee
502 Mountain Park Drive, Mars Hill, N.C. 28754
MountainParkMarsHill@gmail.com
- Buildings and improvements must be in harmony with the general surroundings and adjacent structures, located to ensure maximum privacy, with consideration of the surrounding nature.
- Houses shall have a minimum of 1,800 sq feet of heated area, with a minimum of 1,200 sq ft of heated area on the main level. Buildings shall have no more than 3 levels, including basement and attic, regardless of whether these spaces are finished.
- Buildings must have a vertical height of 32 feet or less and must not rise above the nearby ridge crest.
- Each lot shall have no more than 3 buildings – the main house and any 2 of the following: guest house, detached garage, workshop, or studio. One additional shed is permitted.
- No more than 4 vehicles may be housed in a detached garage.
- Guest house must be 800 – 1,400 sq ft of heated living space.
- Garage, workshop or studio must be 1,000 sq ft or less.
- Exterior lighting must be approved by the ARC and must not disturb neighboring lots or common areas.
- All exposed foundations shall be veneered with brick or stone or other natural material. No exposed concrete block.
- All exterior colors shall be earth tones (which does not include white).
- All exterior materials shall be natural materials or approved manmade materials.
- Setback lines are 30 feet, except from a protected ridgeline – which has a 50 ft setback.
- All driveways must be covered with concrete, asphalt, or gravel to prevent erosion or adversely affect the common roads or rights of way. Gravel must be kept off common areas and roads.
- Culverts of at least 18” must be installed under driveways at the intersection with the road.
- Fences, walls, or hedges must be no higher than 6 feet and must be approved by the ARC. Wire fencing or chain link fencing is not allowed.
- Satellite dishes 24” or less diameter, attached to a house, do not need ARC approval.
- Solar Panels must be approved by the ARC. There is no restriction on the location.
- Storage sheds must be approved by the ARC and are to be no more than 60 sq feet.